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At the 2025 ANA Masters of Advertising Law Conference, Katten partners Chris Cole and Kristin Achterhof, joined by Michael Friedman of Whirlpool, led a discussion on the evolving risks facing advertisers and brands. Their session, "Is There Any Safe Campaign?", explored how enforcement priorities, litigation trends, and reputational pressures are reshaping the false advertising landscape.
The panel noted that the FTC's focus has narrowed under its current Republican leadership, emphasizing "kitchen table" issues and clear-cut fraud rather than close cases. Competitors and consumers have stepped into the gap, driving enforcement through Lanham Act challenges and a growing wave of class actions, particularly those involving alleged greenwashing and sustainability claims such as "eco-friendly," "natural," and "sustainable".
The speakers also addressed the surge in risk surrounding AI-related advertising, as regulators and private litigants increase scrutiny of how companies describe their use of artificial intelligence. The FTC's Operation AI Comply and ongoing investigations into leading technology companies demonstrate that claims about AI capabilities must be truthful, substantiated, and appropriately qualified. Likewise, "Made in the USA" representations remain a target, with the FTC actively pursuing companies that cannot show their products meet the "all or virtually all" standard or lack sufficient documentation of origin.
The panel also addressed the rapid expansion of influencer marketing, projected to reach $32 billion in 2025. Recent NAD decisions make clear that brands are responsible for monitoring influencer content, ensuring that endorsements are truthful and that any material connections are clearly disclosed.
The takeaway was clear: while no campaign is entirely risk-free, companies that conduct regular claim audits, train marketing teams, and document substantiation are best positioned to navigate today's increasingly complex advertising environment.
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